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I am a French national and currently working in the US under a J-1 visa. This visa will expire on May 30. I intend to leave the US to travel to Central America and Mexico, then to re-enter the country on June 28 to take my baggage and leave the US on June 30. I know this is a risky situation, as I am not supposed to leave and then re-enter the US during my 30-day grace period after the J-1 expires.

Would an ESTA solve my case at Immigration?

Can I apply for an ESTA being in possession of a J-1 visa and then re-enter using the Visa Waiver Program?

(It is specified on the ESTA website that you can apply for a new authorization if, "You are currently not in possession of a visitor's visa.")

Jack
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1 Answers1

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Simple answer: Yes!

The 30-day grace period exists to give you time to relocate out of the US - it allows you to stay in the country for up to 30 days, but without being able to work/study/etc, as technically you are out of status as your J1 has finished/expired. If you leave the country during this period then you can not re-enter using your J1, as it is no longer valid. In effect, once you leave the country, your grace period ends (even if it's less than 30 days).

However, you can re-enter the country using other means at any time after you leave - even if it's within the 30 days. This could be by applying for another type of visa (eg, B1/B2), or if you are from a VWP country, then by getting an ESTA.

You should have no issue obtaining an ESTA even through you have a current visa. If you do have any issue, you can simple re-apply after your J1 has expired as at that time you will not hold a valid visa.

Doc
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